B.S.CHAUHAN, J. - (1.) THIS review petition has been filed against the judgment and order-dated 20.10.1997 passed by this Court dismissing the writ petition on the ground that resignation cannot be withdrawn after its being effective, placing reliance upon large number of judgments of the Hon'ble Supreme Court.
(2.) THE review has been filed on the ground that the Authority, which has accepted the resignation, has no such competence, therefore, the order of acceptance was nullity and could not have been enforced against the petitioner. This Court, vide order dated 9.9.2002, passed the following order : "Prime facie, I am of the opinion that the instant review petition is not maintainable in view of the judgment of the Hon'ble Supreme Court in Tamil Nadu Electricity Board & Anr. v. N. Raju Reddiar & Anr., 1996(3) RCR(Civil) 454 (SC) : AlR 1997 SC 1005, wherein it has been held by the Apex Court that review petition cannot be permitted to be filed by counsel other than the counsel who had argued the matter." Further, the petitioner was asked to furnish an affidavit of the counsel who had argued the matter stating that he had agitated and made submission on the issue regarding the competence of the Authority who had accepted the resignation. In compliance of the said order, no affidavit has been filed. Mr. Dave, learned counsel for the petitioner, has submitted that even if the point is not argued by the Counsel but has been taken in the petition, review petition should be entertained in the interest of justice. However, he agrees with the order on merit that the resignation cannot be withdrawn after its being effective.
(3.) IT is settled legal proposition that the Court is not permitted to deal with an issue which has not been agitated by the counsel for the simple reason that the issue may be decided in favour of one party and against the other. The party aggrieved did not have the opportunity to meet the issue, therefore, in law such a course is not permissible. (Vide New Delhi Municipal Committee v. State of Punjab, 1997(2) RCR(Civil) 199 (SC) : AIR 1997 SC 2847).;